MONTGOMERY, Ala. (Legal Newsline) – Lawyers who sue Terminix haven’t created a conflict by hiring one of the company’s former employees, the Alabama Supreme Court has ruled.
An Oct. 30 opinion authored by Justice Jay Mitchell rejected the argument of Terminix, which sought to disqualify Campbell Law from representing Bay Forest Condominium Owners Association.
At Campbell Law’s disposal is Steve Barnett, a former manager in Terminix’s Baldwin County office who reached out to Campbell Law after he was fired. Campbell Law hired him as an investigator and consultant.
“(W)hile the petitioners have generally alleged that Barnett shared privileged and confidential Terminix information with Campbell Law, they have not identified any specific document or information that was allegedly shared,” Mitchell wrote.
“At most, the petitioners point to the fact that Barnett may have retained a copy of its confidential Aspire Service Manual following his departure from Terminix.
“But Campbell Law has rebutted any allegation that Barnett improperly shared that document by submitting Barnett’s testimony that he disposed of all Terminix materials that he had in his possession without sharing them with Campbell Law.”
Barnett was fired in January 2017 while Bay Forest Condominium Owners Association was in contact with Terminix to address termite damage. Terminix said it fired him for not properly communicating with customers, while Barnett said he was fired for being honest with them.
He knew Campbell Law had experience suing the company, so he reached out. Rather than hire it to file any employment-related lawsuit, he joined the firm as an independent contractor a month later.